Suspended National Prosecuting Authority (NPA) boss Vusi Pikoli is expected to have his name cleared by the Ginwala commission of inquiry, which is also understood to have re-commended that he be reinstated.

The Mail & Guardian has not seen the report of a panel headed by former parliamentary speaker Frene Ginwala, but understands from two separate sources close to the process that it is “hugely favourable” to Pikoli.

This would be another heavy blow to former president Thabo Mbeki, who suspended Pikoli in September last year and appointed a commission to investigate his fitness for office *1 and whether there was an irretrievable breakdown in his relationship with former justice and constitutional development minister Brigitte Mabandla.

There were strong indications that Mbeki took the step to protect national police National Commissioner Jackie Selebi, whom Pikoli was preparing to arrest on corruption charges.

Ginwala handed the report to President Kgalema Motlanthe on Tuesday this week.

A Cabinet statement says Motlanthe is studying the report and will release its contents as soon as all due processes have been concluded. It is understood that Motlanthe is taking legal advice on the matter.

“It looks like days rather than weeks. He won’t sit on it,” a senior government official told the M&G.

The M&G has reliably learnt from sources close to the commission that the report finds that Pikoli is fit to hold office, but that his relationship with Mabandla had broken down.

The final decision on whether he stays or goes rests with Parliament, before which Motlanthe must appear to explain his decision if he decides to relieve Pikoli of his NPA duties. Parliament can overrule a presidential decision to fire.

The NPA Act states that if the president decides to reinstate Pikoli he can do so without delay. If he decides to sack him, he has to present his reasons as well as Pikoli’s response to Parliament, but is not obliged to follow the commission of inquiry’s recommendations.

“He can bring other factors to Parliament,” said Lawson Naidoo, spokesperson for the inquiry.

Pikoli was suspended a week after informing Mbeki that the Scorpions had secured warrants for the search of Selebi’s premises.

Pikoli, appointed national director of public prosecutions by Mbeki in 2005, told the commission he believed that he was sacked because of his refusal to allow executive interference by Mbeki and Mabandla to derail the Selebi investigation.

Pikoli believed Selebi had failed to answer crucial questions about his association with figures from the criminal underworld.

The reasons for the suspension, presented by the state to the commission, included a breakdown in Pikoli’s relationship with Mabandla and his alleged failure to consider national security when entering into plea bargains.

Pikoli did not want to comment on the report’s possible findings, but complained bitterly that Ginwala had not handed it to him.

“There were two parties to this dispute and now only one has access to the commission’s findings,” he said. “I don’t understand why only the president can see the report and not me.

“I have the right to know. I simply don’t understand the logic -- I’m not asking for another person’s report. This is a report about me.”

Pikoli pointed out that he had been suspended as NPA boss for 13 months. “This was an open and public process paid for with public funds. If the president wanted me to keep the commission’s findings quiet, I would happily have obliged.”

Naidoo said that the inquiry’s terms of reference made it clear that the report is for Motlanthe’s eyes only.

“It is supposed to advise the president on the fitness of advocate Pikoli to hold office. It is not a commisson of inquiry in the normal sense of the word. We are not withholding information from advocate Pikoli.”

Even if Pikoli is not reinstated on the strength of the report, a favourable finding would clear the way for him to join Tokyo Sexwale’s company, Mvelaphanda Holdings.

It was reported earlier this year that he had been offered the job of Mvelaphanda’s chief legal counsel.

With acknowledgements to Mandy Rossouw, Pearlie Joubert and Mail and Guardian.